Supreme Court of India
The District Collector, Srikakulam & Ors. v. Bagathi Krishna Rao & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, we set aside the judgment and order of the High Court passed in Second Appeal No.122/06 dated 10.4.2006 and remand the case to the High Court to decide afresh after framing the substantial question of law.
Judgment, page 9
From the headnote
Code of civil procedure, 1908: c s.100 rlw s. 79, 0.27 r.1, 0.1, r.9, proviso and Article 300 of Constitution of India - Second appeal filed by District Collector and District Forest Officer - State not impleaded as a party - HELD: State of Andhra Pradesh was a party before the trial court as well as before the first appellate court - The 0 relief sought by the plaintiff was declaration of title of suit land which according to appellants was in favour of State of Andhra Pradesh and the suit land in physical possession of Forest Department - Thus, keeping in view the provisions of s. 79, r.1
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